The Medical Officer
Chapter One Hundred Thirty
Syllabus topic 6, "Imprisonment"
Pages 547 to 551 of 806
In one line
The Prisons Act gives the Medical Officer real power over what may be done to a prisoner, and then makes him subordinate to the officer who wants to do it.
In the wording a student can write in an exam: section 6 of the Prisons Act 1894 requires a Medical Officer for every prison, who may also be the Superintendent. Section 13 places him in charge of the sanitary administration of the prison, subject to the control of the Superintendent. Sections 14, 15, 24, 26, 35, 37, 38 and 50 give him specific duties, and the effect of them together is that no prisoner may be admitted, transferred, discharged, worked or punished without his involvement.
Where the Act names him
Reading the Act for the Medical Officer is the best way to see the office, because his powers are scattered.
| Section | What he must do |
|---|---|
| 13 | Charge of the sanitary administration of the prison, subject to the Superintendent's control, and such duties as State rules prescribe |
| 14 | Where he has reason to believe a prisoner's mind is, or is likely to be, injuriously affected by the discipline or treatment, report the case in writing to the Superintendent; the report, with the Superintendent's orders, goes forthwith to the Inspector General |
| 15 | On the death of a prisoner, record nine specified particulars in a register |
| 24(2) | Examine every criminal prisoner as soon as possible after admission, recording his state of health, wounds or marks, and the class of labour he is fit for if sentenced to rigorous imprisonment |
| 26(1) and (2) | Examine a prisoner before removal, and certify him free from illness rendering him unfit for removal |
| 26(3) | No prisoner may be discharged against his will while labouring under an acute or dangerous distemper, nor until discharge is in the Medical Officer's opinion safe |
| 29 | Visit a prisoner in solitary confinement for more than twenty-four hours at least once a day, whether the confinement is punishment or otherwise |
| 35(2) and (3) | Examine labouring prisoners; record the weight on the history ticket at least once a fortnight; and where labour is injuring a prisoner's health, have him moved to other labour |
| 37 and 38 | Deal with sick prisoners and have his directions recorded |
| 39 | The hospital |
| 50 | Certify a prisoner fit before penal diet, whipping or change of labour is executed, and record unfitness or the extent he can bear |
The three provisions that matter most
Section 14 is the conscience of the Act. It is not about physical illness. It requires a report where the discipline or treatment itself is injuring a prisoner's mind, and it sends that report up to the Inspector General with the Superintendent's orders on it, so a Superintendent cannot simply bury it.
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